Frequently Asked Questions
When should I retain an attorney in a divorce?
It is very important that you consult with an attorney when you suspect that a divorce and/or separation is possible. People commonly refrain from retaining an attorney until there is a separation or the other party files the Divorce Complaint. This can pose significant problems for the spouse that waited to retain an attorney.
We recommend that you retain an attorney as soon as you know that a separation or divorce is possible. This way, an attorney can advise you as to your rights and obligations as well as instruct you on actions that you should be taking and others that you should be avoiding.
Our office offers domestic consult appointments. Please feel free to contact our office for the pricing of this service.
How much does a divorce cost?
Going through a divorce in Pennsylvania can be a very simple procedure or one that is time consuming, expensive and complex. It is quite common to be asked by a client, "How much will this divorce cost?" It is very difficult, if not impossible, for an attorney to quote a specific fee for a divorce proceeding. Most divorce attorneys charge an hourly fee and the ultimate cost is dependent upon the amount of time that is required to receive the divorce. Some couples are fortunate in that they are able to agree as to the issues in the divorce and the cost of obtaining one is greatly reduced. Some couples are unable to agree on anything and it becomes necessary to schedule hearings to have these issued resolved. Normally, the more hearings that are required, the greater the expense becomes.
At the beginning of each case, our office requires a retainer. The amount of the retainer is dependent upon the type of case that you have. These retainers are provided at the time of the first meeting and are held in trust. As the attorney does work on your file, money is taken from the retainer and applied to your bill. If at the conclusion of the case, any retainer remains in trust it is returned to you. At David K. Lucas & Associates all retainers are refundable after satisfaction of the last invoice. Please feel free to call our office to find out what retainer will be required in your situation.
How long does it take to get a divorce?
Provided that both you and your spouse desire to have a divorce and there is no dispute as to the division of property, custody or other issues, you are eligible to receive a divorce 90 days after a Divorce Complaint is filed. Normally, because of the Court's schedule, the actual Divorce Decree will not be issued until 100 days have expired.
Please note that most divorces require additional time to resolve the economic issues such as the division of assets and debts, alimony and support issues.
Do I need a Will?
In Pennsylvania, if a person passes away without a Will and has assets that are individually owned without a beneficiary designation, the State of Pennsylvania dictates how those assets will be distributed. This method of distribution is known as intestate succession. Additionally, when a person passes away without a Will the Court is required, upon application, to appoint an administrator. The administrator would be the person in charge of gathering all assets and distributing them in accordance with the intestate succession laws. For these reasons, it is very important that every person has a Will.
The type of Will that you need is dependent upon your circumstances. For example, if you have young children, you are not permitted to distribute money via a Will directly to them. It is normally recommended that a trust account be established for purposes of holding, investing and distributing this money to a minor child. Trust provisions can also be recommended as a tax saving mechanism. Clients with larger estates need to make certain that they address federal estate tax.
Every person in Pennsylvania should have a Will so as to dictate who will be in charge of your estate and to provide instruction as to the distribution of assets.
What are the costs of putting together an estate plan?
The costs of an estate plan are dependant upon what type of documents are needed. A Will, without any trust provisions generally costs less than $150.00 to prepare and have executed. Young Parent Wills, which would include trusts for minor children, generally are less than $225.00.
Sometimes it becomes necessary to do tax planning within your Will. These types of Wills generally involve more effort and range in cost from $300 to $1,000.
It is also recommended that an estate plan include a Power of Attorney. A Power of Attorney is simply a document whereby you appoint somebody to be in charge of your financial affairs in the event that you are physically or mentally unable to manage the same. If you do not have a Power of Attorney the Court of Common Pleas will appoint a guardian to undertake these actions. This appointment of a guardian can be very costly and quite burdensome on the guardian. The cost of a Power of Attorney are far less than the costs of a guardianship.
If you have any questions concerning these documents, please feel free to contact us by phone or email. At David K. Lucas & Associates there is no charge for the initial estate planning meeting.
For a free telephone consultation with our estate planning lawyers, contact us at 800-836-3980.
David K. Lucas and Associates
724-836-3300
800-836-3980 (Toll free)
E-mail
Greensburg Office
140 South Main Street, Suite 301
Greensburg, PA 15601-2404
Delmont Office
43 Greensburg Street
Delmont, PA 15626
The attorneys of David K. Lucas and Associates represent clients in Greensburg and throughout Western Pennsylvania, including Baldwin, Bethel Park, Connellsville, Delmont, Hempfield, Irvin, Jeanette, Latrobe, Ligonier, Mount Pleasant, McCandless, McKeesport, Monroeville, Murrysville, New Kensington, North Huntingdon, Penn, Penn Hills, Penn Trafford, Plum, Pittsburgh, Ross, Scottdale, Shaler, Uniontown, Upper St. Clair, Youngwood, Washington, West Mifflin, and all cities within Allegheny County, Fayette County, Somerset County, Washington County, Westmoreland County, and Wilkinsburg.
